Ocala Restraining Motion Against USFS

NOTICE OF FILING:16 February 1998

The attached 'MOTION FOR TEMPORARY RESTRAINING ORDER' is being filed
today (Fri. 2/13/98) in the U.S. District Court in Jacksonville, Florida.
The Defendant agencies -- U.S. Forest Service, Marion County, & Lake County
-- and the Public at-large are hereby notified of this action seeking
emergency relief from police roadblocks and civil rights violations.

Public gatherings on common ground are an ancient tradition, and the
purest exercise of Free Assembly, Expression, & Prayer. Official tactics
to control & intimidate participation in such events are precisely what the
Bill of Rights was written to prevent. FREEDOM... Use It or Lose It.

For Peace on the Land,

S. Addison ... D. O'Brien ... A. Sutton (Information:
352-481-2489)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION

SCOTT C. ADDISON, DOUGLAS O'BRIEN,

)

and ARJAY S. SUTTON,

)

)

Plaintiffs,

)

) Case No.: _____________

vs.

)

) Judge: ________________

The FOREST SERVICE of the United

)

States Department of Agriculture;

)

) MOTION FOR TEMPORARY

COUNTY OF MARION, FLORIDA;

) RESTRAINING ORDER

)

and COUNTY OF LAKE, FLORIDA,

)

)

Defendants.

)

EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER
TO ENJOIN AND PREVENT ROADBLOCKS AND OTHER ENFORCEMENT
TACTICS DETERRING PUBLIC ACCESS TO OCALA NATIONAL FOREST

NOW COME the Plaintiffs in the above-captioned case,
Scott C. Addison, Douglas O'Brien, and Arjay S. Sutton, and
move the Court to enjoin the Defendants, the Forest Service of
the United States Department of Agriculture, the County of Marion (FL), and
the County of Lake (FL) from establishing roadblocks, "Safety Checks", or
other enforcement tactics against participants in public gatherings and
other citizens traveling in and around Ocala National Forest. Time is of
the essence, as such enforcement actions are currently taking place.

1. Plaintiff Scott C. Addison was twice subjected to stops and searches by
Defendant law enforcement agencies at a roadblock on Forest Road 599 (Ocala
National Forest) on February 7, 1998,
en route westbound to an encampment on FR 599A at 6 PM, and again with a
dog search when leaving that encampment at 7:30 PM.

By the location of the roadblock (on FR 599 at the junction of FR 562),
this action clearly targeted travelers on the only direct route to and from
the "599A Camp" less than a mile to the west, and intended to intimidate
and harass people staying or visiting at that Camp, on the presumed grounds
that some of these people were likely to participate in a public gathering
to commence in mid-February at a nearby Ocala National Forest site.
Addison requested written guidelines for the roadblock, and was refused.

Plaintiff Addison intends to participate in the aforementioned
gathering in exercise of First Amendment Rights of peaceable assembly,
expression, and prayer, and is distressed and deterred by the expectation
that police roadblocks and unwarranted stops, searches, seizures, and
arrests of participants will continue and intensify through its course.

2. Plaintiff Arjay S. Sutton was twice subjected to stops and searches by
Defendant law enforcement agencies at a roadblock on Forest Road 599 (Ocala
National Forest) on February 6 and 7, 1998. On the first occasion
Plaintiff was stopped by a roadblock at 6 PM, at the junction of FR 599 and
FR 599C, approximately 2 miles from the 599A Camp. On the second occasion
Plaintiff Sutton was a passenger in the vehicle of Plaintiff Addison
leaving that encampment at 7:30 PM.

In addition, Plaintiff Sutton was subjected to stop and search on
February 14 and 15, 1997, in conjunction with a public gather-ing near
Alexander Springs, Ocala NF. A roadblock was maintained by Defendant law
enforcement agencies at FR 552 and FR 544, on the only direct route to the
gathering site from the south. On the first occasion he was transporting
several hundred pounds of food supplies to the event, and had to resist a
dog search for reasons of public health.

Plaintiff Sutton intends to participate in the current gathering in
Ocala National Forest in exercise of First Amendment Rights of peaceable
assembly, expression, prayer, and in a spirit of public service. He is
intimidated personally and on behalf of others who might be deterred from
participating in a public gathering by police roadblocks and the threat of
unwarranted stops, searches, seizures, and arrests.

3. Plaintiff Douglas O'Brien was a participant in a public gathering in
Ocala National Forest in February 1997. En route to this event on February
22, 1997, he was subjected to stop and search at an roadblock maintained by
Defendant law enforcement agencies at the junction of FR 546 and FR 544,
the only direct access to the site from the north. The roadblocks and
related police actions between February 12 and February 24, 1997 resulted
in the arrest and incarceration of about ninety (90) known participants in
that gathering, and a climate of fear around this First Amendment event.

Plaintiff O'Brien was informed that interagency police roadblocks were
established again on February 6-7, 1998, and is deterred from entering
Ocala National Forest for any purpose, for fear of being personally
profiled and targeted for selective enforcement.

4. Plaintiffs move the Court to issue a Temporary Restraining Order
against Defendant Law Enforcement agencies and their affiliates, to cease
and desist, and be prevented from instituting roadblocks, "Safety Checks",
unreasonable searches and seizures, and other forms of selective harassment
under color of law. There is need for immediate relief due to the public
gathering now commencing at Juniper Prairie, and the chilling effect of
such actions upon the Plaintiffs, participants, and citizens at-large
within and near Ocala National Forest.

5. Plaintiffs have suffered fear and emotional distress, and are damaged
in their rights to associate freely with others, to assemble peaceably, and
to engage in expression and prayer distinctive to consensual gatherings on
common ground.

Plaintiffs are further damaged in their rights to travel within and
through Ocala National Forest, and to enter and enjoy National Forest lands
without fear of harassment, intimidation with guns and threat of violence,
and legal jeopardy.

Unless restrained by this Court, the Defendants will continue to subject
the Plaintiffs, other gathering participants, and random citizens at-large
to systematic violation of these rights, and others retained by citizens.

Plaintiffs stand in imminent harm with no other remedy at law, and seek
redress under the protections of the First, Fourth, and Ninth Amendments to
the United States Constitution, as made applicable to Defendants by the due
process clause of the Fourteenth Amendment thereto; of Sections 701, 702,
703, and 706(2)(b) of Title 5 of the United States Code; of Sections 2201,
2202, and 2412 of Title 28 of the United States Code; and of Sections 1983
and 1988 of Title 42 of the United States Code.

6. The public interest will be served by the issuance of this Temporary
Restraining Order in that law enforcement officials are not following the
rules set forth by State and Federal Courts on the establishment of
roadblocks. Both Florida and United States Courts require that any agency
establishing a roadblock may not utilize such roadblocks, whether they are
called "Safety Checks", "Checkpoints", etc., for selective enforcement.

As this suit is being filed pro se by Plaintiffs currently suffering
harm, it is necessary that the Court issue its decision without Notice,
which would not constrain or harm Defendant agencies in legitimate
enforcement activities.

The Federal Courts have the obligation to protect the Public Good;
should this illegal action be allowed to continue, the public at-large will
suffer irreparable harm.

7. WHEREFORE the Plaintiffs respectfully request that this Court award
to them and against each of the Defendants:

A. A Temporary Restraining Order on an emergency basis, enjoining each
of the Defendants as well as their officers, agents, servants, employees,
attorneys, and others acting in concert with them (a) from continuing to
conduct the police roadblocks related to public gatherings, which they have established within
or in the vicinity of the Ocala National Forest in Marion or Lake Counties,
or in other Florida counties within this District; (b) from targeting
selective enforcement and harassment upon individuals or perceived groups
on the basis of personal appearance, association, creed, or inferred
affiliation; and (c) from conducting any search or seizure of anyone in a
vehicle in that vicinity without individualized probable cause,
individualized exigent circumstances, or other proper and articulable
individualized suspicion or cause;

B. Such other and further relief as this Court may deem just and proper.